How can I correct an error in micro entity status if I’m no longer eligible?

How can I correct an error in micro entity status if I’m no longer eligible?

If you discover that you’re no longer eligible for micro entity status, you should promptly notify the USPTO and pay the deficiency in fees. The MPEP states:

“A notification of loss of entitlement to micro entity status must be filed in the application or patent prior to paying, or at the time of paying, any fee after the date on which status as a micro entity is no longer appropriate.” (MPEP 509.04(f))

To correct the error:

  • File a notification of loss of entitlement to micro entity status
  • Pay the deficiency between the micro entity fees paid and the fees that should have been paid
  • Include any required surcharge for the late payment of the fee deficiency

It’s crucial to address this promptly to avoid potential issues with your patent application or granted patent.

To learn more:

Topics: MPEP 500 - Receipt and Handling of Mail and Papers, Patent Law, Patent Procedure
Tags: patent fees, USPTO notification